Vt. Memo to the Bar, Mar. 9, 2021

SUPREME COURT OF VERMONT

OFFICE OF THE COURT ADMINISTRATOR

PATRICIA GABEL, ESQ. Mailing Address

State Court Administrator Office of the Court Administrator

patricia.gabel@vermont.gov 109 State Street

Montpelier, VT 05609-0701

Telephone (802) 828-3278

FAX: 802 828-3457

www.vermontjudiciary.org

TO: Members of the Vermont Bar

FROM: Patricia Gabel, Esq., State Court Administrator

RE: Emergency and Promulgated Rule Amendments, Information Regarding Recent

Training Session, Odyssey Electronic Filing & Other Miscellaneous Info

DATE: March 9, 2021

For your information, please find:

• Emergency Order Abrogating 2010 Vermont Rules for Electronic Filing and Amending Administrative Orders 44 and 45

• AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 3-8-21

• Order Promulgating Amendments to § 1 of Administrative Order No.29, Advisory Committee on Rules for

Family Proceedings

• Order Promulgating Amendments to V.R.C.P. 80.1(f) and 80.5(e)

• Order Promulgating Amendments to Rules 2(a)(2) and 4.0(b)(2)(3)(B) of the Vermont Rules for Family Proceedings

• Odyssey Electronic Filing & Other Important Info

• Updated Court Forms

• Obligations Under A.O. 41

• eCabinet Registration

I. PROMULGATED RULE AMENDMENTS

a. Emergency Order Abrogating 2010 Vermont Rules for Electronic Filing and Amending

Administrative Orders 44 and 45

This Order was promulgated on March 8, 2021, effective March 15, 2021.

The 2010 Vermont Rules for Electronic Filing were enacted to coincide with the implementation of eCabinet in Vermont in 2010. That electronic filing system is now replaced by Odyssey

File and Serve, which is implemented throughout the state and uses the updated 2020 Vermont

Rules for Electronic Filing.

Administrative Orders No. 44 and No. 45 are amended to update their provisions consistent

with the implementation of the Odyssey electronic case management and electronic filing system

throughout Vermont and the abrogation of the 2010 Vermont Rules for Electronic Filing.

Amended A.O. 44 requires all attorneys on active and pro bono emeritus status and those

admitted pro hac vice to register and maintain and update up to three email addresses in the

eCabinet system. Newly admitted attorneys and attorneys who change to active or pro bono

emeritus status must also register. As detailed in A.O. 45, the superior courts, the Supreme Court,

the Judicial Bureau, and the judicial boards are authorized to use these email addresses to send

notices, orders, and other documents to attorneys.

b. AO 49 Amendment - Declaration of Judicial Emergency and Changes to Court Procedures 3-8-21

This Order was promulgated on March 8, 2021, effective March 15, 2021.

This order further amends A.O. 49, which declared a Judicial Emergency on March 16, 2020, in

response to the COVID-19 pandemic.

Paragraph 2 is amended to extend the effective date of the Administrative Order until May 31,

2021, based on the projections of public-health experts concerning the course of the pandemic.

Paragraph 3(a), which previously suspended jury trials in civil cases until at least January 1,

2021, is deleted. The resumption of civil and criminal jury trials is governed by former ¶ 3(b),

requiring court-by-court authorization of the Chief Superior Judge and the Court Administrator

based on various specified factors.

Paragraph 6, regarding filing and service by email, is amended to reflect that the provisions of

the 2020 Vermont Rules for Electronic Filing govern service by and to attorneys in all Superior

Courts as of March 15, 2021.

Paragraph 23 is amended to authorize the Board of Bar Examiners to administer the July 2021

UBE by remote means.

Added ¶ 24 amends Vermont Rule of Civil Procedure 68 to allow plaintiffs to make offers of

judgment as previously provided in the rule only for defendants. The Advisory Committee on the

Rules of Civil Procedure proposed the emergency amendment.

The full Order and other updates regarding the Coronavirus Disease 2019 (COVID-19) and

court operations are available at [https://www.vermontjudiciary.org/about-vermontjudiciary/covid-19-and-court-operations]

c. Order Promulgating Amendments to § 1 of Administrative Order No.29, Advisory

Committee on Rules for Family Proceedings

This Order was promulgated on March 8, 2021; effective immediately.

Administrative Order 29, § 1 is amended to decrease the composition of the committee from

seventeen to sixteen members by reducing the number of lawyers in private practice on the

committee from four to three. The additional lawyer member was added in December 2017 and

the current amendment reestablishes the committee size that existed prior to that amendment.

d. Order Promulgating Amendments to V.R.C.P. 80.1(f) and 80.5(e)

This Order was promulgated on March 8, 2021; effective May 12, 2021.

The amendment to Rule 80.1(f) updates a cross-reference to V.R.C.P. 55 setting forth the

appropriate procedure to be followed in proceedings by default against a minor or incompetent

defendant.

The amendment to Rule 80.5(e) reflects the fact that 23 V.S.A. § 1203(k), as amended by 2007,

No. 153 (Adj. Sess.), § 2, now provides that in DUI cases the fee for video reproduction is $45.00.

e. Order Promulgating Amendments to Rules 2(a)(2) and 4.0(b)(2)(3)(B) of the Vermont

Rules for Family Proceedings

This Order was promulgated on March 8, 2021; effective May 12, 2021.

Rules 2(a)(2) and 4.0(b)(2)(3)(B) are amended for consistency with the amendments to

V.R.C.P. 3.1, which eliminated all reference to “in forma pauperis” and replaced it with “waiver

of filing fee and service costs.”

II. INFORMATION REGARDING RECENT TRAINING SESSION

The Judiciary held an educational session on March 4, 2021 to discuss revisions to the Rules for

Public Access to Court Records and the adoption of the 2020 Rules for Electronic Filing. These

rule changes were linked to implementation of the Odyssey electronic case management system

and Odyssey File and Serve. The session provides an overview of some of the key rule

provisions, explains recent amendments, and demonstrates how the rule requirements interact in a

practical way with Odyssey and efiling. A recording of the session and the materials from the

session are available on the Judiciary website.

https://www.vermontjudiciary.org/news/rules-public-access-court-records-and-rules-electronic-filing-educational-session

III. ODYSSEY AND ELECTRONIC FILING INFORMATION

The Vermont Legislature has appropriated CARES Act funds for a grant to Vermont Legal Aid

to cover the cost of the Tyler eFiling use fees though March 31, 2021, to ensure all court users

have timely access to justice as the judicial system resumes operations relying on greater digital

remote online processes to ensure public health and safety after closure due to COVID-19. During

this period, the Tyler eFiling use fee will not be charged to filers but will be charged to the

CARES Act grant to Legal Aid.

The Caledonia, Essex, Franklin, Grand Isle, Lamoille, Orleans, and Washington trial courts

began using Odyssey on February 1, 2021, and electronic filing through Odyssey File & Serve is

scheduled to commence on March 15, 2021. Odyssey and electronic filing are already operational

in Addison, Bennington, Chittenden, Orange, Rutland, Windsor, and Windham trial courts and

the Environmental Division and the Judicial Bureau. Please use the following links to access

Odyssey electronic filing and portal systems and for more information.

Odyssey File & Serve. Odyssey File & Serve (OFS) is the platform through which you will

electronically file with the courts. To access OFS, please visit

https://vermont.tylerhost.net/ofsweb You can access user guides through the “User Guides” link

in the “Self Help” window. You can also access docket specific user guides on the judiciary’s

website at https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing

For technical support regarding Odyssey File & Serve, please contact Tyler Technologies at 800-

297-5377 or efiling.support@tylertech.com

Odyssey Public Portal. The Odyssey Public Portal allows you to view your case files. To access

the portal, please visit https://publicportal.courts.vt.gov/Portal/ Before you can view your case

files, you must first register in the portal and then request elevated access. The Public Portal User

Guide contains instructions on how to register and request elevated access. You can read the user

guide on our website at https://www.vermontjudiciary.org/about-vermont-judiciary/public-portal

For technical support regarding the Public Portal, please contact the Vermont Judiciary’s

HelpDesk at Jud.helpdesk@vermont.gov When emailing, please write “Public Portal” in the

subject line.

FAQ. Please visit https://www.vermontjudiciary.org/odyssey for answers to frequently asked

questions and updates about the project.

Efiling Training Opportunities

Watch a pre-recorded efiling training webinar from the Vermont Judiciary. The judiciary’s

NG-CMS project team recorded a demonstration of how to use Odyssey File & Serve that you

can view here: https://www.youtube.com/watch?v=ke2ouMDK4VQ&feature=emb_title

Register for a live efiling webinar with Tyler Technologies. Starting February 24, 2021, Tyler

Technologies will offer a series of live webinars on how to use Odyssey File & Serve. To register,

visit https://register.gotowebinar.com/rt/8175684102182380812

Practice setting up your firm and submitting filings. For hands on practice, you can create

your firm, register users, and begin filing practice cases in the Vermont “Stage” environment. Be

sure that the web address includes the word “stage” (https://vermont-stage.tylerhost.net/ofsweb).

The Stage environment is available any time. Please note that submissions will only be reviewed

periodically, so you may not get a timely response on whether your practice submissions have

been accepted. The Stage environment is available now only for familiarity and direct hands-on

experience and is not a substitute for registering on the actual efiling site when you are ready.

Read Vermont specific efiling guides. The Vermont Judiciary’s website includes several efiling

guides to help you navigate Odyssey File & Serve. Visit https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing and click on Odyssey File and Serve User

Guides to view the most updated versions.

IV. MISCELLANEOUS

a. Court Forms

Court forms are constantly being updated. Please refer to the judiciary website for the most up-to-date forms, https://www.vermontjudiciary.org/court-forms

Please use the link below to report any form question, concern or issue

http://www.vermontjudiciary.org/website-feedback-form or you can access our Website Feedback

program at the bottom of each web page.

b. Obligation under A.O. 41

Attorneys are reminded that an “attorney must report to the State Court Administrator within

thirty days any change of the office mailing or electronic mail address” and that “[n]otice sent to a

reported address is sufficient even if not received by the attorney because of failure to report the

proper address or failure of delivery not caused by the court.” A.O. 41, § 4(c); see A.O. 44, § 1.

Please email those changes to JUD.AttyLicensing@vermont.gov Your cooperation is very

much appreciated.

To ensure you continue to receive these emails, please add JUD.AttyLicensing@vermont.gov to

your Safe Senders list.

c. eCabinet Registration

Administrative Order No. 44 requires attorneys in active status to register up to three email

addresses in eCabinet for purposes of receiving notices of hearing and other documents. You may

include staff email addresses in the three email addresses that you specify. eCabinet registration

is required whether you practice in court or not.

If you have already registered in eCabinet, the email address(es) you provided as part of that

process will be used.

If you have not already registered in eCabinet, please go to

https://efiling.eservices.crt.state.vt.us/ click Register Now, and follow the simple prompts.

Attorneys will need their attorney license numbers to register. Helpful information about the

Attorney Email Registration process is also available on the Electronic Filing page of the

judiciary website at https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing Please contact jud.helpdesk@vermont.gov or call the Helpdesk at 802-

828-4357 with any questions in the meantime.

You are also reminded that you are required to update the email address(es) and other contact

information you have registered as soon as there are any changes, including changes to staff email

addresses you may have included with your registration. To revise the information, please go to

https://efiling.eservices.crt.state.vt.us/ log into eCabinet, click “Account,” choose “My

Profile,” and make the necessary changes to your contact information.

Notification to JUD.AttyLicensing@vermont.gov or in eCabinet of a change to your contact

information does not automatically notify the other. It is your responsibility to notify both. If you

are a member of the Vermont Bar Association, you will also need to separately notify the VBA.